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(영문) 대전지방법원 천안지원 2015.12.24 2015고합227
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for a period of two years and six months, and for a period of two years, each of the defendants B and C shall be punished.

except that this judgment.

Reasons

Criminal facts

Defendant

A is a person with no certain occupation; Defendant B is the representative director of H (hereinafter “H”); Defendant C is the internal director of H; and H was difficult to finance due to business difficulties around around 2008; around that time, Defendant B conspiredd to acquire money by drawing up the victim K who had an interest in the J apartment reconstruction project promoted in the Gangnam-gu Seoul Metropolitan Government I of the Y incheon-gu, Seocheon-gu.

1. On July 3008, 2008, Defendant A, in accordance with the above public offering, deemed as follows: (a) Defendant A was aware of the Plaintiff’s friendship with N, the head of the said reconstruction association; and (b) was entrusted by the head of the association with all rights, such as the selection of the subcontractor of the reconstruction project; (c) was leased KRW 200 million, which would enable the reconstruction association to order the removal of the reconstruction project; (d) immediately receive and commence the removal work; and (e) was returned without any conditions until December 2008; (e) Defendant B and C, at the office located in the office of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, Seoul, Seoul, Seoul, around July 30, 2008, concluded that Defendant B and C did not inform the Plaintiff of his intention to remove the reconstruction project without any specification.”

However, at the time, H was not a maintenance business entity of the said reconstruction association, and there was no possibility of the relevant reconstruction project or removal work at any time, and even if the Defendants borrowed money from the victim, they did not have the intent or ability to cause the removal work to be accepted or to repay the borrowed money as agreed upon.

As a result, the Defendants conspired to deception the victim as above and received 200 million won of the check from the victim on July 30, 2008 under the pretext of the order for removal work and the borrowed money.

2...

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